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SUNDQUIST HOMES v. SNOHOMISH COUNTY PUD # 1

No. 39938-1-I.

965 P.2d 1148 (1998)

SUNDQUIST HOMES, INC., a Washington corporation, Echelbarger Development, Inc., a Washington corporation, Simmie Energy, Inc., a Delaware corporation, Phoenix Development, a Washington corporation, Alfred Mus and Donald Saunders, Appellants, v. SNOHOMISH COUNTY PUBLIC UTILITY DISTRICT NO. 1, Respondent.

Court of Appeals of Washington, Division 1.

November 2, 1998.

Attorney(s) appearing for the Case

Brian M. Green, Provo, UT, Robert Clayton Rowley, Kirkland, for Appellants.

James Deno, Everett, for Respondent.

Stephen Harold G. Overstreet, Olympia, for Amicus Building Industry Association of Washington.

APPELWICK, Judge.

By statute, entities with franchises to use county rights of way must pay the cost of relocating their facilities when the county roads where those facilities are located are improved. Thus, between the county and a franchisee, the statute assigns liability for those costs to the franchisee. But the statute does not prohibit franchisees like Snohomish County Public Utility District No. 1 from charging those relocation costs to developers,

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